Terms and conditions

One hour for initial discussion and briefing is offered free of charge after which chargeable hourly rates will apply. All terms of engagement as detailed below, will be agreed in writing prior to the commencement of any project.

DETAILED TERMS OF ENGAGEMENT

Services:  The services to be provided by Zest Communications and Marketing will be agreed prior to the commencement of any work and any changes to those services will be agreed by both parties prior to those services being undertaken.  

Fees:  Fees for the services provided will be agreed prior to the commencement of any work undertaken. Fees may be agreed on a project-by-project or hourly rate basis.

Payment terms:  Payment must be made by the 20th of the month following the date of invoice. Zest Communications and Marketing reserves the right to charge interest on overdue accounts at the rate of 2 percent per month.  If Zest Communications and Marketing is forced to pursue an account then all collection costs are payable by the client.

Our Commitment:  Zest Communications and Marketing pledges to conduct business professionally, with integrity, truth, accuracy, fairness and responsibility.  As a member of the Public Relations Institute of New Zealand, Zest has committed to a Code of Ethics and Public Relations Protocols and agrees to honour these at all times. As members of the International Association of Public Participation (IAP2) Zest has also committed to IAP2’s Code of Ethics.

Confidentiality:  All trade and professional secrets or other factual information supplied by either party to the other shall remain the property of the disclosing party and each agrees not to disclose that information to any third party unless consent has been obtained.  Each party agrees to keep the other party’s information secure and to return such information upon completion of the engagement (if so requested).  These confidentiality obligations shall continue after our engagement has ended.

Intellectual Property:  When a client provides information to Zest, the client warrants that such information is true, accurate and does not infringe on any intellectual property right of any third party. If any claim or proceeding is brought against Zest alleging the infringement of any intellectual property right in any material used by Zest in accordance with client instructions then the client will agree to indemnify Zest and keep Zest indemnified against all damages and costs (including legal fees) that might be incurred as a result of the claim or proceeding.  Further, Zest Communications and Marketing reserves the right not to follow client instructions if it is believed these instructions are unlawful or may be harmful to Zest’s reputation. Any intellectual property that Zest generates during the term of engagement (which is not specific to the client) is the property of Zest and the client has no rights or claims against same.

Termination:  Either party may terminate the relationship (by 14 days notice) for breach of any of the terms set out in the terms of trade.  Termination shall be without prejudice to other rights and remedies each party might have against the other arising out of any default which occurs before termination and shall be without prejudice to any claim Zest might have for moneys payable by the client as at the date of termination.

Post Engagement:  Once Zest’s engagement with the client has ended, Zest is free to provide services to any other persons or entities however Zest agrees to abide by the confidentiality and intellectual property provisions set out above.

General:  Both parties agree to treat the terms of engagement as confidential and agree not to disclose such terms to any person except with the prior consent of the other.  The relationship between Zest and the client is a contractual relationship only and not a partnership, accordingly each is liable for their own taxes and levies.  In the event of a dispute between parties, such dispute shall be referred to mediation or failing agreement by mediation, arbitration in accordance with the Arbitration Act 1996.